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Exercising the Extraterritorial Limitation on U.S. Copyright Law

A necessary element of secondary liability claims is an underlying infringement of U.S. copyright law by a third party. If the activities abroad are not subject to the law, the predicate direct infringement required for the imposition of secondary liability cannot be established.

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In 2017, State Street Global Advisors Trust Company (SSGA) commissioned the sculptor Kristin Visbal to create a statue to promote SSGA’s global campaign for greater gender diversity in corporate leadership. The statue, which became known as “Fearless Girl,” was unveiled on International Women’s Day in 2017. “Fearless Girl” was initially placed at Bowling Green in lower Manhattan in New York City, across from the pre-existing “Charging Bull” statue created by the sculptor Arturo Di Modica. However, after Di Modica complained that the juxtaposition of “Fearless Girl” and “Charging Bull” distorted the message of his sculpture, the “Fearless Girl” statue was relocated to outside the New York Stock Exchange.

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